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Iakoba v Kairoronga [2003] KIHC 210; Land Appeal 43 of 2001 (21 November 2003)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

HIGH COURT LAND APPEAL 43 OF 2001

BETWEEN:

KITEON IAKOBA
TERUTAAKE KITEON
APPELLANTS

AND:

AKITAAKE KAIRORONGA
MAREWE KAIRORONGA
TATANE KAIRORONGA
RESPONDENTS

FOR THE APPELLANTS: MR BANUERA BERINA
FOR THE RESPONDENTS: MS TAOING TAOABA

DATE OF HEARING: 21 NOVEMBER 2003

JUDGMENT

It seems that the Single Magistrate has divided the land on the lagoon side into four equal parts but this makes the parts so small as to be useless. This is set out in the affidavit of Kairoronga Kiteon sworn on 7 October. Court received the affidavit by consent and Ms Taoaba does not dispute the facts in it.

Both sides ask that the case be sent back so that the boundaries may be redrawn, after hearing fresh argument.

Appeal allowed: decision of the Single Magistrate quashed and matter returned to the Magistrate's Court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

TEMAUA TENANO
MAGISTRATE